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`IN THE DISTRICT COURT OF THE UNITED STATES
`FOR THE MIDDLE DISTRICT OF ALABAMA
`SOUTHERN DIVISION
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`) Civil Action No.: 1:20-cv-00365-ALB-JTA
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`CHRIS LOVE et al.
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`Plaintiffs,
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`v.
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`UNITED STATES DEPARTMENT OF
`AGRICULTURE, et al.,
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`Defendants.
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`DEFENDANTS’ MOTION TO DISMISS
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`COME NOW Defendants, United States Department of Agriculture (“USDA”) and
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`Sonny Perdue, in his Official Capacity as Secretary of USDA, and Richard Fordyce, in his
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`official capacity as Administrator of the Farm Service Agency (“FSA”), by and through
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`Louis V. Franklin, Sr., United States Attorney for the Middle District of Alabama, and
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`pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, move to
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`dismiss Plaintiffs’ Complaint for lack of jurisdiction and failure to state a claim upon which
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`relief may be granted under any of their possible theories for recovery.
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`A memorandum brief is being filed contemporaneously herewith.
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`WHEREFORE, the Defendants, request that the Court enter judgment in their
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`favor and dismiss Plaintiffs’ claims against them in its entirety.
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`Case 1:20-cv-00365-RAH-JTA Document 10 Filed 09/09/20 Page 2 of 2
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`Respectfully submitted this 9th day of September, 2020.
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`LOUIS V. FRANKLIN, SR.
`United States Attorney
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` By: /s/James J. DuBois
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`Chief, Civil Division
`Assistant United States Attorney
`GA Bar Number: 231445
`Attorney for Defendants
`Post Office Box 197
`Montgomery, AL 36101-0197
`Telephone No.: (334) 223-7280
`Facsimile No.: (334) 223-7418
`E-mail: James.DuBois2@usdoj.gov
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`CERTIFICATE OF SERVICE
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`I hereby certify that on September 9, 2020, I electronically filed the foregoing with
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`the Clerk of the Court using the CM/ECF system, which will send electronic notices to all
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`counsel on record.
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`/s/James J. DuBois
`Assistant United States Attorney
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`2
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